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A. Measurement of Height: The height of a retaining wall is measured from the low side of the natural grade, or the subdivision finished grade if the property was subdivided or re-subdivided after September 20, 1991, to the top of the wall, whether or not the top is retaining earth. Freestanding fences with at least 50% openness on top of retaining walls are not included in retaining wall height restrictions but are restricted by the fence height regulations of the Town Zoning Ordinance. Any freestanding fence with less than 50% openness and located on or within a horizontal distance less than the average height of the retaining wall shall be included in the retaining wall height. If the face of a building is within 15 feet of a retaining wall, the height of the retaining wall shall be included in the building height calculation and the combination of the retaining wall height and the building height shall not exceed the maximum building height limitation

B. Terraced Walls: Any terraced retaining wall and freestanding fence with less than 50% openness within the average height of the highest wall on the same property shall be calculated as one height and be subject to the retaining wall height limitations of Subsection 5.07.A of this Ordinance. If two retaining walls, and freestanding fences with 50% openness or greater openness, are separated by a landscaped terrace of a width at least the height of the highest wall, then each wall and/or fence shall be considered as a separate wall or fence (See Exhibit 30).

C. Determination of Average Height. The average height of a retaining wall shall be computed by taking the total vertical surface of the wall (or straight-line or circular sections of a meandering wall), above grade and dividing it by its length.

D. Height Limitations. The maximum height and average height of a retaining wall, or straight-line or circular sections of a meandering wall, shall not exceed the following:

AVERAGE SLOPE AT WALL LOCATION* - %

0 - 15

>15

Maximum Height (feet)

8

10

Average Height (feet)

6

7

*As determined by averaging percentage of slopes shown on sections through grading plan submittal.

E. Height of Structures at Graded Sites: The height of all structures shall not exceed the maximum height regulations of the zoning district in which the property is located. The height of a structure shall be measured vertically at any point along that cross section from the finished grade as shown on the approved subdivision grading plans. If there was no grading on the lot or parcel as a result of subdivision improvements, the finished grade shall be the lower elevation as of September 20, 1991 or as shown on the individual grading plans. Grade elevation does not include isolated topographical features, such as pits, hills, rock outcroppings, etc. that are less than 500 square feet in size.